Q: Can I sell real property to which I acquired title in 2007 via a grant deed from a defunct partnership.
The individual who created the partnership that transferred ownership to me in 2007 died soon afterward, and now, in 2018, any partnership papers, if there were any, are long lost. In addition, the partnership was never recorded with the Secretary of State. I now have a buyer for the property, but the title company requires documentation about the partnership. The 2007 Grant Deed was properly recorded. The person is dead and the papers are nonexistent, Is there a next step?
A: Here is my GUESS. First of all, a partnership only exists if there are two or more partners in it. Were you one of the partners? If not, and the creator of the partnership died before title was transferred to you, and there was no other partners in the partnership, then the partnership ceased to exist at the moment the creator of the partnership died. A partnership can only transfer real property if one of the partners signs a deed on behalf of the partnership. My guess is that the title company is concerned that the title may not have been properly transferred to you, and needs to see papers confirming that it was. Since you don't have them, they are stuck. Title companies don't want to be on the hook for insuring the title to real estate unless they are sure it was done properly. You may end up having to bring an action to quiet title to the property (i.e. remove any liens or claims) from the property. The potential buyer also needs to be sure that he is getting clear title. Unfortunately, these actions are often lengthy and expensive. You should contact a real estate a lawyer about this. Good Luck.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
